Sec. 4. Designation of land in Fremont and Natrona Counties, Wyoming
2,736 words·~12 min read·
/bill/118/hr/4332/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the land within the boundaries of the Sweetwater Canyon Wilderness Study Area is designated as wilderness and, as described in subparagraphs
(B)and (C), as 2 components of the National Wilderness Preservation System, to be known as the Upper Sweetwater Canyon Wilderness (referred to in this subsection as the Upper Wilderness ) and the Lower Sweetwater Canyon Wilderness (referred to in this subsection as the Lower Wilderness ). Except as provided in subclause (II), the boundary of the Upper Wilderness shall conform to the boundary of the Sweetwater Canyon Wilderness Study Area. The eastern boundary of the Upper Wilderness shall be 100 feet from the western edge of the north-south road bisecting the Upper Wilderness and the Lower Wilderness, known as Strawberry Creek Road . Any established legal route with authorized motorized use in existence on the date of enactment of this Act that enters the Upper Wilderness in T. 28 N., R. 98 W., sec. 4, or the Lower Wilderness in T. 29 N., R. 97 W., sec. 33, is not included in the Upper Wilderness. Except as provided in subclauses
(II)and (III), the boundary of the Lower Wilderness shall conform to the boundary of the Sweetwater Canyon Wilderness Study Area. The western boundary of the Lower Wilderness shall be 100 feet from the eastern edge of the north-south road bisecting the Upper Wilderness and the Lower Wilderness, known as Strawberry Creek Road . The northern boundary of the Lower Wilderness shall begin where the bisecting road referred to in subclause
(II)enters the Sweetwater Canyon Wilderness Study Area at the border of T. 29 N., R. 98 W., sec. 36, and T. 28 N., R. 98 W., sec. 2, and shall run east along the boundary of T. 29 N., R. 97 W., sec. 31, to the centerline of T. 29 N., R. 97 W., sec. 31, then north along that centerline to the midpoint of T. 29 N., R. 97 W., sec. 31, then east along that centerline to the boundary of T. 29 N., R. 97 W., sec. 32, then following the existing boundary of the Sweetwater Canyon Wilderness Study Area to the midpoint of T. 29 N., R. 97 W., sec. 32, then east along the centerline of T. 29 N., R. 97 W., secs. 32 and 33, to the existing boundary of the Sweetwater Canyon Wilderness Study Area. Any established legal route with authorized motorized use in existence on the date of enactment of this Act that enters the Upper Wilderness in T. 29 N., R. 98 W., sec. 4, or the Lower Wilderness in T. 29 N., R. 97 W., sec. 33, is not included in the Lower Wilderness. Subject to valid existing rights, the Upper Wilderness and the Lower Wilderness shall be administered by the Director in accordance with— this paragraph; and the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. Grazing of livestock in the Upper Wilderness and the Lower Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). Necessary maintenance or repairs to any road described in subparagraph
(B)or
(C)of paragraph
(1)shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection. The construction, reconstruction, and maintenance of range improvements shall be allowed in the Upper Wilderness and the Lower Wilderness. Nothing in this paragraph creates a protective perimeter or buffer zone around the Upper Wilderness or the Lower Wilderness. The fact that an activity or use on land outside the Upper Wilderness or the Lower Wilderness can be seen or heard within the Upper Wilderness or the Lower Wilderness, respectively, shall not preclude the activity or use outside the boundary of the Upper Wilderness or the Lower Wilderness. Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Sweetwater Canyon Wilderness Study Area not designated as wilderness by this subsection has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). The land within the Lankin Dome, Split Rock, Savage Peak, and Miller Springs Wilderness Study Areas is designated as the Sweetwater Rocks Special Management Area (referred to in this subsection as the Special Management Area ). The Special Management Area shall be administered by the Director in a manner that protects— valid existing rights; agricultural uses; primitive recreational opportunities; and natural, historic, and scenic resources. Except as provided in subparagraph (B), the use of motorized vehicles in the Special Management Area shall be allowed only on established legal routes with authorized motorized use existing on the date of enactment of this Act. Notwithstanding subparagraph (A), the use of motorized vehicles may be allowed in the Special Management Area for the construction, reconstruction, or maintenance of necessary infrastructure, as determined by the Director. Grazing of livestock in the Special Management Area shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. No new overhead transmission or communications tower shall be constructed in the Special Management Area. The Director may expand any underground right-of-way in the Special Management Area that exists as of the date of enactment of this Act. Nothing in this subsection creates a protective perimeter or buffer zone around the Special Management Area. The fact that an activity or use on land outside the Special Management Area can be seen or heard within the Special Management Area shall not preclude the activity or use outside the boundary of the Special Management Area. The Director may propose to, and carry out with, an individual or entity owning land in the vicinity of the Special Management Area any land exchange that— increases access to the Special Management Area; and does not result in a net loss of Federal land. The Director may carry out clause (i)— through the use of existing processes; or by establishing a process for proposing and carrying out land exchanges under that clause. Notwithstanding any other provision of law, the Director may acquire from an individual or entity owning land in the vicinity of the Special Management Area an easement for the purpose of increasing access to the Special Management Area. Except as provided in clause (ii), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— location, entry, and patent under the mining laws; and disposition under all laws relating to mineral and geothermal leasing. The Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if— the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. Subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from right-of-way leasing and disposition under all laws relating to wind or solar energy. Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Lankin Dome, Split Rock, Savage Peak, and Miller Springs Wilderness Study Areas has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). The Director shall divide the land within the Dubois Badlands Wilderness Study Area by installing a fence, or repairing or relocating an existing fence, in T. 41 N., R. 106 W., sec. 5, that— follows existing infrastructure and natural barriers; begins at an intersection with North Mountain View Road in the NE 1/4 NW 1/4 sec. 5, T. 41 N., R. 106 W.; from the point described in subparagraph (B), proceeds southeast to a point near the midpoint of the NE 1/4 sec. 5, T. 41 N., R. 106 W.; and from the point described in subparagraph (C), proceeds southwest to a point in the SW 1/4 NE 1/4 sec. 5, T. 41 N., R. 106 W., that intersects with the boundary of the Dubois Badlands Wilderness Study Area. There is established the Dubois Motorized Recreation Area (referred to in this paragraph as the Recreation Area ) in the State, to be managed by the Director. The Recreation Area shall consist of— any land within the boundaries of the Dubois Badlands Wilderness Study Area that is west of the fence described in paragraph (1); and any Federal land in T. 41 N., R. 106 W., secs. 5 and 6 that— is managed by the Bureau; and is west of North Mountain View Road. The Director shall construct a fence along the western boundary of the Recreation Area on any land that— is managed by the Bureau; and is west of North Mountain View Road. In designing, locating, and constructing the fence described in subclause (I), the Director shall coordinate with the owners of any land adjacent to the land described in that subclause. As soon as practicable after the date of completion of the fence described in clause (i), the Director shall establish a travel management plan for the Recreation Area to maximize the use of motorized off-road vehicles in the Recreation Area. There is established the Dubois Badlands National Conservation Area (referred to in this paragraph as the Conservation Area ) in the State, to be managed by the Director. The Conservation Area shall consist of any land within the boundaries of the Dubois Badlands Wilderness Study Area that is east of the fence described in paragraph (1). The Director shall manage the Conservation Area in a manner that protects— valid existing rights; agricultural uses; primitive recreational opportunities; and natural, historic, and scenic resources. Except as provided in clause (ii), the use of motorized vehicles in the Conservation Area shall not be allowed. The Director may allow the use of motorized vehicles in the Conservation Area for— habitat improvement; the construction, reconstruction, or maintenance of range improvements; and to respond to an emergency. Grazing of livestock in the Conservation Area shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. No major right-of-way shall be allowed within the boundaries of the Conservation Area. Subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Conservation Area is withdrawn from— location, entry, and patent under the mining laws; and disposition under all laws relating to mineral and geothermal leasing. Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Dubois Badlands Wilderness Study Area has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ). Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Copper Mountain Wilderness Study Area— has been adequately studied for wilderness designation; is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and shall be managed in accordance with this paragraph. The land described in subparagraph
(A)shall be administered by the Director in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. Subject to surface occupancy requirements and any other provision of law, the Director may enter mineral leases for any land described in subparagraph
(A)that has a slope of less than 25 percent. The Director may grant underground rights-of-way for any mineral lease entered into under subclause (I). Subject to valid rights in existence on the date of enactment of this Act, the Director shall not issue a new lease for a wind or solar project, an overhead transmission line, or a communication tower on the land described in subparagraph (A). In carrying out any land exchange involving any of the land described in subparagraph (A), the Director shall ensure that the exchange does not result in a net loss of Federal land. Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the land within the Whiskey Mountain Wilderness Study Area— has been adequately studied for wilderness designation; is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and shall be managed in accordance with this paragraph. The land described in subparagraph
(A)shall be administered by the Director in accordance with— a resource management plan that is applicable to any land adjacent to the land described in subparagraph (A); and the Whiskey Mountain Cooperative Agreement between the Wyoming Game and Fish Commission, the Forest Service, and the Bureau, including any amendment to that agreement relating to the management of bighorn sheep. In this subsection, the term County means Fremont County, Wyoming. The Director shall pursue transfers in which land managed by the Bureau in the County is exchanged for land owned by the State that is within the boundaries of— the Lander Slope Area of Critical Environmental Concern; or the Red Canyon Area of Critical Environmental Concern. A transfer under subparagraph
(A)shall— comply with all requirements of law, including any required analysis; and be subject to appropriation. The Director shall carry out a study to evaluate the potential for the development of special motorized recreation areas in the County. The study under subparagraph
(A)shall evaluate— the potential for the development of special motorized recreation areas on all land managed by the Bureau in the County except— T. 40 N., R. 94 W., secs. 15, 17, 18, 19, 20, 21, 22, 27, 28, 29, and the N 1/2 sec. 34; and any land that is subject to a restriction on the use of off-road vehicles under any Federal law, including this Act; the suitability of the land for off-road vehicles, including rock crawlers; and the parking, staging, and camping necessary to accommodate special motorized recreation. Not later than 2 years after the date of enactment of this Act, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings of the study under subparagraph (A). Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall establish a team, to be known as the Fremont County Implementation Team (referred to in this paragraph as the Team ) to advise and assist the Director with respect to the implementation of the management requirements described in this section that are applicable to land in the County. The team shall consist of— the Secretary of the Interior (or a designee of the Secretary of the Interior); and 1 or more individuals appointed by the Board of County Commissioners of the County. F ederal A dvisory C ommittee A ct The team shall not be subject to the requirements of chapter 10 of title 5, United States Code (commonly referred to as the ). Federal Advisory Committee Act
Connectionstraces to 3
Citation graph
cites case law
Sec. 4
Designation of land in Fremont and Natrona Counties, Wyoming
Cites 3Cited by 0 across 0 sources